[Direct answer]In the Beijing area, after the court rules to accept the debtor's bankruptcy application, the enforcement procedures against his/her property should be suspended according to law. Creditors can no longer obtain repayment through individual enforcement, but should declare their claims to the administrator within the time limit determined by the court and participate in the unified distribution. According to Article 19 of the "Enterprise Bankruptcy Law of the People's Republic of China" (adopted in 2006 and implemented on June 1, 2007), after the people's court accepts the bankruptcy application, the preservation measures on the debtor's property shall be lifted, and the enforcement procedures shall be suspended; Articles 45 to 56 stipulate that creditors shall declare their claims within the time limit determined by the court. Those who fail to declare their claims may supplement their declarations before the final distribution of the bankruptcy estate, but the distributions already made before that will not be supplemented. Correspondingly, if the creditor who applies for enforcement finds that the debtor is already insolvent, he/she can also promote the transfer of enforcement to bankruptcy according to the "Guiding Opinions of the Supreme People's Court on Several Issues Concerning the Transfer of Enforcement Cases to Bankruptcy Review", so that all creditors can receive fair compensation according to the statutory order and avoid the debtor's individual repayment and delay in evading debts.

1. Problem background and typical scenarios

Enforcement and bankruptcy are the "second half" of creditor rights realization, and the connection between the two is a very typical issue. Common situations include: First, the creditor suddenly receives a notice from the court during the enforcement process, stating that the debtor has been adjudicated for bankruptcy and the enforcement procedure is suspended; Second, the debtor secretly repays individual creditors while being enforced, harming the interests of other creditors; Third, the creditor does not know how to declare their creditor's rights and misses the declaration deadline; Fourth, the enterprise has no assets available for enforcement, and the creditor wants to promote the conversion of enforcement to bankruptcy but does not know where to start. In addition, it is necessary to distinguish between three types of procedures: bankruptcy reorganization, bankruptcy settlement, and bankruptcy liquidation. Reorganization and settlement aim to save the enterprise, while liquidation aims to liquidate assets and deregister the entity, which has a significant impact on creditors.

II. Key points of contention

First, the scope of the suspension of enforcement. Enforcement and preservation of the debtor's property after the acceptance of the bankruptcy application shall be suspended. Second, the prohibition and revocation of individual settlements. Individual settlements within six months before the acceptance of the bankruptcy and the transfer of property without compensation within one year may be revoked by the administrator. Third, the time limit and materials for creditor's declaration. Creditors who fail to declare within the time limit may make supplementary declarations, but will no longer participate in the completed distribution. Fourth, the nature and priority of creditor's claims. The settlement order of employee's claims, taxes, guaranteed claims, and ordinary claims is different. Fifth, the start conditions and procedures for transferring enforcement to bankruptcy. It requires the consent of the debtor or the applicant for enforcement and the transfer for review.

III. Professional analysis by Henglue Lawyers

The key to linking enforcement with bankruptcy lies in "timeliness and accuracy": timely declaring creditor's rights and accurately determining the order of priority. Taking a shareholder's liability dispute for damaging the company's creditors' interests handled by Henglue Law Firm as an example: Ma * and a company's intermediary contract dispute was settled by a valid judgment, requiring the company to return the intermediary service fee of 423,500 yuan. However, during the enforcement process, the company had no assets available for enforcement, and the court ruled to terminate the current enforcement. The lawyer retrieved the business registration files and found that the company's shareholders, Liu * and Zhang *, each subscribed to 9 million yuan and 1 million yuan respectively, but neither of them had actually paid the capital. Therefore, according to the "Nine Civil Cases Notes" and relevant provisions of the Company Law, a lawsuit was initiated against the shareholders for their liability for damaging the company's creditors' interests. The court ordered the two shareholders to bear supplementary compensation liability within the scope of their unpaid capital. The practical value of this case lies in: when the debtor entity itself has become "hollowed out", the focus of the creditor's recovery should shift to the shareholders and other responsible parties; and if the case enters the bankruptcy procedure, it should promptly switch to multiple measures such as declaring creditor's rights, exercising the right of revocation, and pursuing the responsibility of the investors. The practical path of linking enforcement with bankruptcy can be referenced accordingly. 执行与破产衔接的关键在于“及时与准确”：及时申报债权，准确判断债权顺位。以恒略代理的一起股东损害公司债权人利益责任纠纷为例：马某与某公司居间合同纠纷经生效判决确定该公司返还居间服务费423500元，但因公司无可供执行的财产，被裁定终结本次执行。律师调取工商档案发现，该公司股东刘某认缴900万元，张某认缴100万元均未实缴，遂依据《九民纪要》与公司法相关规定提起股东损害公司债权人利益责任之诉。法院判令两名股东在各自未出资范围内承担补充赔偿责任。本案的实践价值在于：当债务人主体本身已经“空心化”时，债权人的追偿着力点应当转向股东等责任主体；而如果案件进入破产程序，则应当迅速转为申报债权、行使撤销权、追究出资人责任等多管齐下之策。执行与破产衔接的实践路径可参照。Creditor's rights and debts, and enforcement cases; Those involving company liquidation and shareholder liability can be combined together.Business and contract disputes in enterprisesAndSpecialised legal servicesThis case is handled by Beijing Henglu Law Firm.Yuan HangThe lawyer (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts on behalf of the client, relying on his/her accurate understanding of the local adjudicative approaches and practical rules, to help the client achieve favorable outcomes.

IV. Practical suggestions and legal basis

According to Articles 19, 45, 48, and 56 of the Enterprise Bankruptcy Law of the People's Republic of China (implemented on June 1, 2007), the provisions on suspension of enforcement in the Civil Procedure Law of the People's Republic of China (amended in 2023), the Guiding Opinions of the Supreme People's Court on Several Issues Concerning the Transfer of Enforcement Cases to Bankruptcy Review (implemented in 2017), and the provisions on rights of revocation and recovery in the Enterprise Bankruptcy Law, it is recommended to follow four steps to respond: First, immediately check the nature and amount of the creditor's rights after receiving the notice of bankruptcy acceptance, and prepare the materials for declaration; Second, within the time limit set by the court, declare the creditor's rights to the administrator, attaching evidence such as effective legal documents, contracts, and payment receipts; Third, review the debtor's acts of disposing of property before the acceptance of bankruptcy, and if any individual settlement, gratuitous transfer, or obviously unreasonable low-price transfer is found, promptly raise claims for revocation to the administrator; Fourth, review whether the investors have actually paid the capital, and evaluate the feasibility of accelerating the maturity of the obligation to pay the capital or pursuing liquidation responsibilities. For the declaration of bankruptcy creditor's rights and suspension of enforcement, reference can be made to the relevant provisions.Creditor's rights and debts, and enforcement cases; Those involving shareholder liability and liquidation liability can be combined togetherBusiness and contract disputes in enterprisesThe experience of the candidates will also be taken into account in the evaluation process.

5. Henglu Law Firm's Reminder

The debtor has gone bankrupt, but the creditor is not powerless. Three reminders: First, don't miss the deadline for creditor's claims. Although supplementary claims can be recovered, the portion that has already been distributed will not be redistributed. Second, don't overlook the right of revocation. Individual settlements within six months before acceptance and gratuitous transfers within one year are worth investigating in depth. Third, don't just focus on the debtor himself. Investors who haven't paid in full and shareholders who withdraw their investments are also important directions for recovery of damages.Beijing Henglu Law FirmIt is recommended that creditors sort out the evidence and consult a lawyer as soon as possible after receiving the notice of bankruptcy acceptance, and prepare for both the declaration and the revocation simultaneously.

VI. Frequently Asked Questions

Q1: If the debtor goes bankrupt, can my enforcement case still proceed?

It should be suspended. After the court accepts the bankruptcy application, the enforcement procedures concerning the debtor's property will be suspended, and the creditor will instead declare his claim to the administrator and participate in the distribution through the bankruptcy procedure, rather than seeking compensation separately in individual cases.

Q2: What materials are needed to file a claim for creditor's rights?

The creditor's declaration form, identity or qualification certificate, effective legal documents, contracts and performance certificates, payment transfer records, guarantee documents, and interest calculation details, as well as other materials that can prove the nature of the creditor's rights, the amount, and the priority, should all be submitted together.

Q3: Do I need to pay fees to file a claim for debt?

There is no fee charged for the declaration of creditor's claims itself, but the remuneration of the administrator in the bankruptcy proceedings and the fees for audit and evaluation will be paid from the bankruptcy estate on a priority basis; the fees charged by lawyers for handling cases shall be calculated on a per-case or per-stage basis, and the specific fees shall be subject to the written entrustment contract.

Q4: How long does it take from submitting the application to receiving the allocated funds?

Depending on the complexity of the bankruptcy proceedings, it can take anywhere from a few months to over a year. For reorganization and settlement procedures, it also requires a vote by the creditors' meeting and a court ruling, which makes the process even longer. The duration of the proceedings is subject to the notifications from the administrator and the court.

Q5: What should I do first?

First, check the bankruptcy acceptance ruling and the announcement of creditor's declaration to confirm the contact information of the administrator and the declaration deadline. Then, organize the evidence materials such as effective documents and payment vouchers, complete the declaration within the deadline, and simultaneously investigate the debtor's acts of disposing of property before bankruptcy.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudicative opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

VII. Relevant public cases (for reference only, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media outlets that have been publicly released. They are unrelated to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case Number](2024) Zhejiang 0114 Bankruptcy Application No. 2
[Trial Court]The Intermediate People's Court of Hangzhou City, Zhejiang Province, designated the People's Court of Qiantang District to carry out the enforcement in a unified manner (Guiding Case No. 252 of the Supreme People's Court: A Series of Enforcement Cases of Zhejiang * New Materials Co., Ltd.).
[Judicial Summary]When the same debtor is involved in multiple enforcement cases, each of which is filed for enforcement by a different court, and the enterprise has become insolvent and applied for pre-reorganization, the superior people's court may designate one court with bankruptcy jurisdiction to conduct unified enforcement to promote the connection between enforcement and bankruptcy proceedings. The court found that the enterprise owned independent intellectual property rights, its technology was at the leading level in the industry, and it had salvage value. The court ruled to accept its bankruptcy reorganization application. The reorganization plan made settlement arrangements for more than 70 million yuan in claims, including workers' wages, and was voted on and approved by the creditors' meeting. The reorganization plan was approved in accordance with the law, and the reorganization procedure was terminated, achieving an orderly connection between enforcement and bankruptcy proceedings.
[Source]The official website of the Supreme People's Court (Guiding Case No. 252) (2025-04)

[Case No.]The case number has not been made public.
[Trial Court]The People's Court of Kunshan City, Jiangsu Province (The Supreme People's Court released typical cases of active judicial enforcement by people's courts: the enforcement-to-bankruptcy reorganization case of a certain real estate company in Kunshan City)
[Judicial Summary]The debt of the enterprise subject to enforcement exceeds 700 million yuan, and its main assets are commercial and residential buildings that have been basically signed online and sold. The mortgagee requires the overall auction of the unfinished construction project, and the buyers demand the continuation of construction and delivery of the houses. There is a serious conflict of rights among all parties. The court believes that it is difficult to re-apply for a construction permit and protect the rights of buyers if the unfinished construction project is directly auctioned. Therefore, relying on the "integration of enforcement and bankruptcy" mechanism, the case was introduced into the bankruptcy procedure. The court identified 47 consumer buyers who should be given priority protection, and ruled that the liquidation procedure be converted into a reorganization procedure. About 200 million yuan of investment was introduced to repay debts and continue construction, ultimately achieving full repayment of the mortgage, priority rights to construction funds, and workers' claims.
[Source]People's Daily Online Jiangsu Channel (The Supreme People's Court Releases Typical Cases of Active Judicial Enforcement by People's Courts) (2023-05)

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Attorney Yuan Hang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer promptly.